This application seeks restoration of a dismissed Criminal Writ Petition. The Court allowed the application on the basis that the grounds for dismissal (non-compliance of an order) were not established.
Criminal Application allowed and made absolute to restore the Writ Petition; consideration of ad-interim relief deferred.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.357 OF 2017 IN CRIMINAL WRIT PETITION NO.4395 OF 2014
Sushil Gorakhnath Gaikwad and Ors. ….Applicants V/s. The State of Maharashtra ….Respondents
Mr. V.V.Purwant, Advocate for Applicants. Mrs. M.M.Deshmukh,APP for the Respondent-State.
CORAM :- R.M. SAVANT & SANDEEP K. SHINDE, JJ. DATE :- 1ST SEPTEMBER, 2017.
P.C. :-
The above Criminal Application has been filed for restoration of the above Criminal Writ Petition as it is the understanding of the learned counsel for the Applicants that the Petition has stood dismissed for non-prosecution on account of the non-compliance of the conditional order dated 24.8.2016. The learned counsel for the Applicants states that in fact the order was complied with on the same day itself. However, it is his case that the office was labouring under the impression that the said order has
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not been complied with and has disposed of the above Writ Petition
on the ground of non-removal of office objections. Having regard to
the fact that the said order infact was already complied with, the above Criminal Application is allowed and made absolute in terms of prayer clause (a).
2 However, the restoration of the ad-interim relief which
was granted on 5.12.2014 would be considered on the next date.
Stand over to 15.9.2017.
(SANDEEP K. SHINDE, J) (R.M. SAVANT, J)
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1 issue framed by the court
Whether the Criminal Writ Petition should be restored as the earlier dismissal was based on a non-compliance which had in fact been fulfilled.
Sushil Gorakhnath Gaikwad
State of Maharashtra
R.M. Savant
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
